Appeals

ACP 6-9 applicants have the right to lodge an appeal against the decision of the Promotion Panels.  Appeals may only be made on the following grounds:

  • there was an alleged material defect in the application of the procedure. For example, where it is alleged that a Promotion Panel overlooked or misapprehended a significant fact; or
    • there was an alleged material defect in the documentation which was not prepared by the applicant and was used by the Promotion Panel which considered the appellant’s application. For example, where it is alleged that the documentation placed before a panel was incomplete. 

Appeals must be made in writing, addressed to the relevant Lead HR Business Partner and sent to acp@admin.cam.ac.uk by the date specified in the timetable and clearly explain the reasons on which the appeal is grounded. 

The Membership and Role of the Appeal Panels

Six Appeal Panels (APs) will be appointed, one for each School, to consider appeals after the Promotion Panels have made their recommendations to the GB and these have been communicated to the applicants.

Each AP will be chaired by the relevant Head of School, and the membership will consist of the Chair of the relevant ACP 10-12 School Committee and another senior academic, appointed by the relevant Lead HR Business Partner in consultation with the HR Reward Team. All members should be present at the meeting.

The role of the APs is limited to considering whether or not procedural fairness has prevailed in the consideration of an application. Accordingly, an appeal will not be a re-hearing or a general review of the application.  The consideration of the APs will be confined to the issues raised in the grounds of the appeal.  The APs will not consider fresh evidence in support of the appellant’s application unless it relates to a fault in the application of the procedure of a Promotion Panel or in the documentation. 

Key Principles of the AP

  • Members of the AP must not be eligible to apply for promotion under that year’s exercise of ACP 6-9. 
  • A member may not take part in the consideration of a particular applicant’s appeal if they were a member of a Promotion Panel which considered an appellant’s application in that year’s exercise; 
  • Declarations of interest must be stated by members of the AP, and agreed actions to address them must be documented in the minutes.
  • All persons involved in the process and in the consideration of appeals should exercise impartiality and fairness and be seen to do so.
  • The relevant Lead HR Business Partner will act as the Secretary.
  • Meetings may take place in person and/or virtually.

The Procedure of the Appeal Panels

Before an AP meets, the Secretary of the AP will share the appeal letters with the Chair of the relevant Promotion Panel and ask that they submit a written statement responding to the grounds on which the appeal was lodged.  The Chair of the relevant Promotion Panel may consult members of the panel, as they deem appropriate, or, if necessary, reconvene the panel to consider the terms of the response. 

Each AP will receive a link to this guidance and the following documentation for each appeal lodged: 

  • the statement of appeal (with any supplementary documents) submitted by the applicant; 
  • the documentation that the relevant Promotion Panel received when they considered the application for promotion; 
  • the minutes of the meeting of the relevant Promotion Panel; and
  • a statement from the relevant Promotion Panel, responding to the grounds on which the appeal was lodged.

The APs should confine their consideration of appeals to the documentation submitted. Appellants will not be asked to attend the meeting, but the APs may exercise discretion to invite an appellant to attend or ask the appellant to provide any information for clarification in writing, if that is considered necessary. 

Decisions on appeals should be made collectively at the meeting.  The Secretaries of the APs will be responsible for recording the decision in each case. 

Determination of Appeals

An AP will determine an appeal by doing one of the following: 

  1. Uphold one or more of the grounds of appeal, stating that the grounds on which the appeal has been upheld should have affected the decision of the Promotion Panel, and determine whether the appellant should be promoted. 
  2. Uphold one or more grounds of appeal, stating that the grounds on which the appeal has been upheld would have made no material difference to the decision of the Promotion Panel, and determine whether the appellant should not be promoted. 
  3. Reject the appeal on all grounds. 
  4. Strike out an appeal on the grounds that it is frivolous, vexatious, or otherwise an abuse of process. 

There is no right of appeal against an AP’s determination of an appeal. 

Minutes and Subsequent Action 

The Secretary of the AP will record the outcome of the AP’s consideration of each appeal. The record will state the ground(s) of the appeal and its outcome. The outcome of the appeal will be conveyed to the appellant and the relevant Promotion Panel by the Secretary of the AP after consultation with the Chair of the AP.